Pizza Pizza Limited v. Toronto Star Newspapers Ltd. et al.
Pizza Pizza Limited v. Toronto Star Newspapers Ltd. et al. [Indexed as: Pizza Pizza Ltd. v. Toronto Star Newspapers Ltd.]
49 O.R. (3d) 254
[2000] O.J. No. 228
Docket No. C31953
Ontario Court of Appeal
Osborne A.C.J.O., Borins and MacPherson JJ.A.
February 4, 2000
Torts -- Libel and slander -- Defences -- Pleadings -- Plaintiff alleging that defendants had published newspaper article with false innuendo that plaintiff, who was franchisor, had cheated its franchisees -- Defendants denying plaintiff's alleged defamatory meaning and alleging different meaning that plaintiff had exploited or taken advantage of its franchisees -- Defendants further pleading that this meaning was true -- Plaintiff moving to strike statement of defence on grounds of traditional rule that defendant to libel action may not plead lesser meaning of words complained of and then seek to justify lesser meaning -- Motion to strike dismissed -- Under modern rule, defendant to libel action may plead any defamatory meaning words in question are capable of bearing and plead that in such meaning words are true or fair comment on public matter.
NOTE: An appeal of the judgment of Ontario Court (General Division), Divisional Court (MacFarland, Then and Sharpe JJ.), reported at 1998 18866 (ON CA), 42 O.R. (3d) 36, to the Court of Appeal for Ontario was dismissed on February 4, 2000. The endorsement of the court is as follows:
Julian H. Porter, Q.C., and Howard W. Winkler, for appellant. Alison B. Woodbury and A.S.K. Wong, for respondents, Toronto Star Newspapers Ltd., John Honderich, Ian Urquhart, Alan Christie, Paul Maloney and Richard Orchard. Peter I. Waldmann, for respondent, Homayoun Rafati.
[1] BY THE COURT: -- We agree entirely with the reasons and conclusions of Sharpe J. writing for a unanimous Divisional Court. In our view, our intervention is not warranted. Accordingly, the appeal is dismissed with costs fixed at $6,000 for the Toronto Star respondents and $4,000 for the respondent Rafati.